Terms of Service

1 General Terms

1.1 Agreement and Platform Overview

These Terms of Service set out the agreement under which OHC Ventures Pty Ltd, trading as Razz Bid Buy, provides access to the platform. By using www.razzbidbuy.com or www.razzbidbuy.com.au (collectively, the "Site") and the services offered through the Site (the "Service"), you accept the rules governing auctions, direct sales, giveaways, memberships, and services available on the platform, including Razz Rewards, our exclusive membership program.

1.2 Acceptance of Terms

By accessing or using Razz Bid Buy's services, you agree to comply with these Terms of Service, forming a legally binding agreement. If you do not accept the terms outlined, you should discontinue use of the platform and its services immediately.

1.3 User Applicability

These Terms of Service apply to all users interacting with the Site, including visitors, buyers, sellers, and members who subscribe to Razz Rewards or other membership tiers.

1.4 Modifications to Terms and Services

Razz Bid Buy reserves the right to update or amend these Terms of Service at any time. Changes will be posted on the Site, and continued use of the platform following any updates constitutes acceptance of the new terms. Similarly, Razz Bid Buy may adjust the service or restrict access as necessary, with or without prior notice.

1.5 Privacy Policy

By purchasing a membership, registering an account or using our platform, you acknowledge that you have also read and consented to our Privacy Policy. The Privacy Policy may be updated from time to time, and if you disagree with any changes, you must discontinue use immediately.

2 Definitions

Buyer

An individual or entity purchasing items through the Razz Bid Buy marketplace.

Seller

An individual or entity selling items through the Razz Bid Buy marketplace.

Dispute

Any disagreement or conflict between a Buyer and a Seller concerning the transaction of a product.

User

Any individual or entity using the Razz Bid Buy platform, including Buyers, Sellers, and visitors.

Service

The range of offerings provided by Razz Bid Buy, including listing, purchasing, selling, and other functionalities of the platform.

Platform

The Razz Bid Buy website or application where Buyers and Sellers interact to facilitate transactions.

Transaction

The process of buying or selling goods, including payment, shipping, and exchange of ownership.

Listing

A Seller's posted item on the platform, including descriptions, photos, and other related details.

Content

Any user-generated material, including listings, photos, and descriptions, uploaded by Sellers or Buyers.

Account

A user's registered profile that enables them to access and use the platform's services.

Membership

The subscription or access rights a user holds to participate in the services provided by Razz Bid Buy.

Refund

Reimbursement of payment made by a Buyer, subject to the terms set by the Seller and platform policies.

Returns

The process where a Buyer sends back an item to the Seller in accordance with the Seller's return policy.

Third Party Services

External content, applications, or services provided by entities other than Razz Bid Buy but accessible through the platform.

Jurisdiction

The legal authority under which any disputes or claims related to the use of the platform will be settled.

3 Eligibility

You must be at least 18 years of age and legally capable of entering into a contract to use the Services. By registering an account, you represent and warrant that you meet these eligibility requirements.

To become a registered user, you must:

1. Be at least 18 years of age and possess the legal capacity to enter into binding contracts.
2. Be an Australian resident and reside in Australia.
3. Provide true, accurate and complete information during registration. You agree to ensure that your registration details remain true and accurate at all times and notify us of any changes.
4. Keep your account credentials, including your password, confidential and not shared with others. You will be held accountable for all activities conducted under your account and are required to notify us immediately of any unauthorized access.
5. Understand and agree that Razz Bid Buy is not a party to any agreement entered into by a buyer and seller and is simply providing the platform as an intermediary connecting buyers and sellers.

4 Registration and Account Security

To use the Razz Bid Buy platform and access its services, including buying or selling items, you must register for an account. You acknowledge you meet the eligibility criteria set out in Section 3. If you represent an organization, you must ensure that the details of your organization are equally accurate and up to date.

4.1 Account Management

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for safeguarding access to your account. Any activities or transactions performed through your account are your responsibility, and Razz Bid Buy will not be liable for any unauthorized access unless you have informed us immediately upon suspicion of misuse.

It is prohibited to register more than one account unless explicitly permitted by Razz Bid Buy in writing. Any accounts that violate this policy may be suspended or deactivated at our discretion.

4.2 Security and Access

To fully access Razz Bid Buy's platform, users must have a stable internet connection, and any associated data costs are your responsibility. You are responsible for securing your login credentials and preventing unauthorized access to your account. In the event of a security breach or if you suspect any unauthorized access to your account, notify Razz Bid Buy immediately.

4.3 Third-party Sign Up

Where account creation process is not provided, authentication through popular third-party services (Facebook, Apple and Google) is offered instead.

4.4 Account Deactivation and Modification

Razz Bid Buy reserves the right to modify, suspend, or deactivate any account at its discretion, particularly if any violations of the platform's Terms of Service are suspected or confirmed. Users found violating these rules may have their accounts deactivated permanently. In such cases, Razz Bid Buy will not be liable for any losses incurred due to account deactivation.

5 Membership Tiers

Razz Bid Buy (and Razz Rewards) offers various membership tiers based on user activity. Each tier offers different benefits as outlined below.

5.1 Seller Membership Tiers (includes Partner Network Discounts)

5.2 Partner Network Discounts Only (Non-Seller Tiers)

5.3 Additional Entries

Only paid memberships are entitled to purchase additional entries into upcoming member draws. Purchase of extra entries can be done via the membership dashboard in the Razz Bid Buy Member portal.

5.4 Membership Billing

• Fees and Changes: Razz Bid Buy reserves the right to modify or terminate any membership. Seller fees are subject to change. Users will be notified at least 30 days in advance.
• Payment and Cancellation: Membership fees are billed weekly in advance. No refunds are provided for mid-cycle cancellations. You may cancel your membership at any time and this will be effective at the end of the current billing cycle.
• Direct Debit: Paid Memberships are an ongoing subscription which are directly debited until cancelled by you or terminated by us.
• Upgrade/Downgrade: Membership tiers are flexible, and users may upgrade or downgrade at any time through the Members portal. Changes take effect on your next billing cycle.

5.5 Sign-up Bonuses and Trials

We may offer sign-up bonuses, special offers or free trial periods. These are only valid in accordance with the specific terms and conditions which apply to that offer. If you sign up to a free trial period and do not cancel before the end of the trial, your nominated payment method will be automatically charged.

5.6 Accumulating Free Entries

Loyalty members accumulate free entries for each continuous month that they hold a membership to the maximum of 300 entries (equivalent to 1 continuous year on Platinum Membership). Entries are generated based on your current loyalty membership level.

5.7 Prize Draws and Giveaways

Raffles and giveaways on Razz Bid Buy comply with Australian state trade promotion laws. Participation in promotions is subject to eligibility (Australian residents only, 18 years or older, excluding residents of SA, NT and ACT).

By participating in giveaways, members agree to the following:

• Any disputes will be resolved individually, excluding class actions
• Claims and awards are limited to actual out-of-pocket expenses
• Participants waive the right to claim punitive, incidental, or consequential damages
• Razz Bid Buy reserves the right to disqualify participants found tampering with the contest
• Employees, directors, managers and their immediate family members are not eligible
• Winners' names and state/territory will be published in accordance with draw terms
• Winners may be requested to provide a photograph or video with their prize within 7 days of receipt

5.8 Termination of Membership

• You can cancel your membership anytime by logging into your account portal and navigating to membership settings
• A confirmation email will be sent upon cancellation. No refunds for mid-cycle cancellations
• Cancelling your membership does not remove you from our marketing database
• If a direct debit payment fails, we will attempt to process payment three additional times over 15 days. After four failed attempts, your membership will be terminated
• You may re-subscribe at any time, however former benefits will not be reinstated

5.9 Third-Party Partner Discounts

Loyalty discounts are subject to the terms and conditions of the relevant discount partner. Razz Bid Buy is not responsible if a discount offering changes at any time, or for any exclusions that may apply. Third-party products and services are provided solely for member convenience and Razz Bid Buy makes no representations regarding their quality or availability.

6 Use of Marketplace

Razz Bid Buy provides a platform for sellers to list items for auction or sale and buyers to purchase and bid on items. We do not take ownership of any items listed or sold, nor do we guarantee the accuracy, quality, or legality of the listings. Sellers are solely responsible for the accuracy of their listings. The sale agreement is between the buyer and the seller; Razz Bid Buy is not a party to the transaction.

6.1 Buyer Responsibilities

The Consumer acknowledges that Goods for sale or auction will be of varying condition types and some may be second hand. It is the consumer's responsibility to read the description of the Goods, inspect condition photos, and satisfy themselves that the Goods will meet their requirements prior to purchasing or bidding.

Buyers agree to:

• Use the Site for lawful purposes only
• Comply with transaction policies, including payments, returns, and disputes
• Take responsibility for verifying any authentication claims
• Not engage in fraudulent activities or create fake accounts
• Not manipulate pricing or any auction-related activities
• Not post illegal, obscene, or defamatory content in chat
• Complete payment within 72 hours of auction close or checkout confirmation

6.1.1 Purchasing Process

At checkout, the Buyer will be required to pay the full purchase price, including any applicable GST and shipping fees. Payment is processed securely through our third-party payment processor, and funds will be held in escrow until the transaction is completed.

6.1.2 "Make an Offer" Functionality

The "Make an Offer" feature allows Buyers to confidentially negotiate the price directly with the Seller. All communications during negotiation are conducted within the platform, and terms agreed upon are binding once confirmed.

6.1.3 Auctions

For auction items, the starting price is set by the Seller. Buyers are responsible for reviewing auction terms before participating. Once a bid is placed, it cannot be retracted, and winning bidders are obligated to complete the purchase.

6.2 Fees and Payments

6.2.1 Seller Fees

Seller fees vary based on the selected membership tier and are automatically deducted upon completion of a sale.

6.2.2 Registration and Usage Fees

While registering for the Service is free, Razz Bid Buy charges selling and transaction fees as outlined in Section 5 (Membership Tiers). All fees are subject to change with notification to users.

6.2.3 Seller Pricing

Sellers are responsible for setting the price of their listed items. All prices must be in Australian dollars (AUD) and include Goods and Services Tax (GST).

6.2.4 Payment Facilitation

Payments between buyers and sellers will be processed using the New Payments Platform (NPP) and PayID, facilitated through a third-party payment provider.

6.2.5 Transaction Fees

A transaction fee of 0.8% + $0.70 AUD per transaction will be charged to the seller and automatically deducted from sale proceeds.

6.2.6 Payout Schedule

Payouts to sellers are processed bi-monthly, on the 15th and last day of each month. If either date falls on a weekend or public holiday, payment will be processed on the next business day.

6.3 Title and Risk

Razz Bid Buy operates solely as a platform to facilitate transactions. Buyers and sellers enter into a direct contractual relationship.

• Title Transfer: Legal ownership remains with the seller until full payment (after deducting fees) has been released to the seller.
• Risk Transfer: Risk of loss or damage passes to the buyer upon successful delivery.

6.4 Seller Responsibilities

Sellers agree to:

1. Ensure all items listed are legally owned and free from third-party claims
2. Provide clear, honest, and detailed descriptions of all items, including any defects
3. Comply with all relevant local, state, and federal laws
4. Only list genuine items (no counterfeits, replicas, or unauthorized goods)
5. Not engage in deceptive, fraudulent, or unethical practices
6. Not post illegal, obscene, or defamatory content

6.4.1 Prohibited Items

The following items are strictly prohibited from being listed:

• Counterfeit goods or items infringing intellectual property rights
• Fake, stolen, or unauthorized items
• Weapons, firearms, and ammunition
• Illegal drugs or controlled substances
• Flammable materials, explosives, or hazardous substances
• Tobacco and vape products
• Recalled, faulty, or unapproved batteries
• Products from endangered species (ivory, fur, etc.)
• Adult or sexually explicit content
• Alcohol and related paraphernalia
• Human body parts or bodily substances
• Illegal services or unauthorized financial instruments
• Prescription medications without appropriate licensing

6.4.2 Listing Requirements

• Ownership: Sellers must possess legal rights to sell listed items
• Descriptions: All listings must be accurate, truthful, and complete
• Grading: All items must include a grading or condition rating
• Images: Clear and accurate images representing the item's current condition are required
• Returns Policy: Every listing must include a clear returns or exchange policy
• Pricing: Sellers retain autonomy over pricing (fixed price, auction, or both)
• Shipping: Shipping costs are set by the seller. Use of tracked shipping is strongly recommended
• Dispatch: Sellers must ship items within three business days of receiving payment notification

6.5 Shipping and Returns

Shipping terms must be agreed upon between buyer and seller. Razz Bid Buy is not responsible for shipping or item condition once shipped. Returns are managed case-by-case according to the seller's stated return policy.

6.6 Receipt and Inspection of Orders

Upon receipt, buyers must inspect packaging for apparent defects before signing any carrier documentation. If any anomaly is discovered, note it explicitly on the delivery receipt.

If a product doesn't match its description, contact the seller within 48 hours. For counterfeit or prohibited items, notify Razz Bid Buy immediately.

6.7 Dispute Resolution

Razz Bid Buy provides dispute resolution assistance between buyers and sellers where tracked shipping has been used. Both parties must attempt to resolve issues directly before escalating.

• Sellers must update tracking information within 3 business days of sale
• Buyers must contact the seller within 48 hours of receiving an item if there's a dispute
• If unresolved, buyers must notify Razz Bid Buy within 72 hours for potential resolution

Sellers are legally required to offer refunds and returns where goods fail to meet guarantees under Australian Consumer Law (ACL), including when items are faulty, misrepresented, or unfit for purpose.

7 Third-Party Services and Liability

Razz Bid Buy partners with third-party services to offer discounts and promotions. While we facilitate access, we disclaim liability for the performance or availability of these third-party services. Users must resolve disputes directly with the third party.

Any issues with third-party services must be addressed with the third party, and Razz Bid Buy assumes no responsibility for failed or delayed services. Users agree to be bound by the third party's terms when engaging with these services.

8 Privacy and Data Use

We value your privacy. All personal information collected is handled in accordance with our Privacy Policy, which explains how we collect, store, and use your data. By using Razz Bid Buy, you consent to the collection and use of your information as described.

When you create an account, we gather essential information such as your name, email address, billing and shipping addresses, mobile number, state, and postcode. If you are a seller, we may also collect your Australian Business Number (ABN).

Your personal information may be disclosed to third parties under certain circumstances:

• When you sell an item, your name will be visible to other users
• When you purchase an item, your name and shipping address will be provided to the seller
• Names and addresses will be shared with Australia Post or other delivery service providers

You have the right to request deletion of your account and personal data, which we will process within seven (7) business days, provided there are no active orders or outstanding commitments.

9 Content Restrictions

To ensure a positive experience for all users, the following types of content are strictly prohibited:

• Unlawful Content: Any content that is unlawful or promotes unlawful activity
• Defamatory or Discriminatory Content: Content that is defamatory, discriminatory, or mean-spirited, including references regarding religion, race, sexual orientation, gender, or national origin
• Spam: Machine-generated content, unsolicited advertising, chain letters, unauthorized solicitations, or gambling
• Malicious Software: Viruses, worms, malware, trojan horses, or content designed to damage software, hardware, or gain unauthorized access to data
• Infringement: Content that infringes on patents, trademarks, trade secrets, copyrights, or other proprietary rights
• Impersonation: Impersonating any person or entity, including Razz Bid Buy and its representatives
• Privacy Violations: Content that violates the privacy of any third party

Razz Bid Buy reserves the right to reject or remove any content that may violate these restrictions. We may take any action we deem necessary, including issuing warnings, suspending accounts, or taking legal action.

10 Intellectual Property

Razz Bid Buy, its logos, design, text, graphics, and the selection and arrangement thereof, and all software, are the property of OHC Ventures Pty Ltd or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

Users are granted a limited, non-exclusive, non-transferable license to access and use the platform for personal, non-commercial use. Users may not modify, reproduce, distribute, or create derivative works from any content without express written permission from Razz Bid Buy.

10.1 User-Generated Content

By uploading content, including photos, text, and videos, you grant Razz Bid Buy a worldwide, royalty-free, perpetual, and non-exclusive license to use, reproduce, modify, and display such content for the purpose of operating and promoting the platform.

Users represent and warrant that:

• They own or have the necessary rights to grant this license
• The content does not infringe on any third party's rights
• The content complies with all applicable laws and these Terms of Service

10.2 Infringement Claims

If you believe that your intellectual property rights have been violated by content on the platform, please contact us at legal@razzbidbuy.com.au with:

• A description of the copyrighted work you claim has been infringed
• Identification of the infringing material and its location on the platform
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the rights owner

11 Indemnity

You agree to indemnify, defend, and hold harmless Razz Bid Buy, its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with:

• Your use of the platform or services
• Your violation of these Terms of Service
• Your violation of any third party's rights, including intellectual property rights
• Any content you submit, post, or transmit through the platform
• Your conduct in connection with any transactions on the platform

Razz Bid Buy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of any such claims.

12 Limitation of Liability

To the fullest extent permitted by law, Razz Bid Buy, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, use, or goodwill
• Business interruption
• Any damages resulting from reliance on any information obtained through the platform
• Any damages resulting from your access to or use of third-party services

Razz Bid Buy's total liability to you for any claims arising out of or relating to these Terms of Service or your use of the platform shall not exceed the amount you paid to Razz Bid Buy in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for consequential or incidental damages, so the above limitations may not apply to you.

12.1 Disclaimer of Warranties

The platform and services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. Razz Bid Buy does not guarantee that the platform will be uninterrupted, secure, or error-free.

13 Termination

Razz Bid Buy reserves the right to suspend or terminate your access to the platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms of Service
• Fraudulent or illegal activities
• Behavior that may expose Razz Bid Buy to liability
• Extended periods of inactivity
• Non-payment of fees or chargebacks

Upon termination:

• Your right to access and use the platform will immediately cease
• Any outstanding fees or obligations will remain payable
• Provisions of these Terms that by their nature should survive termination shall remain in effect

You may terminate your account at any time by contacting customer support or using the account deletion feature in your settings.

14 Governing Law

These Terms of Service and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising out of or relating to these Terms of Service or your use of the platform.

14.1 Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Razz Bid Buy at legal@razzbidbuy.com.au. We will attempt to resolve the dispute within 30 days of receiving your notice.

14.2 Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to reflect the parties' original intent as closely as possible.

14.3 Entire Agreement

These Terms of Service, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Razz Bid Buy regarding your use of the platform and supersede all prior agreements and understandings.

15 Contact

If you have any questions about these Terms of Service, please contact us at:

OHC Ventures Pty Ltd
Trading as Razz Bid Buy
ABN: 16 676 567 409
Sydney, NSW, Australia

Email: legal@razzbidbuy.com.au
General Enquiries: support@razzbidbuy.com.au
Website: www.razzbidbuy.com.au